Allahabad High Court
KRISHNA AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance is taken on the police report by the concerned court.
Summary
The petitioners, Krishna and two others, filed a criminal miscellaneous writ petition seeking relief from potential arrest. The State, represented by the Additional Government Advocate, informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The High Court noted that while the charge sheet existed, the status of cognizance was uncertain and an interim order was already in force. Consequently, the Court directed that the petitioners could not be arrested until the concerned court takes cognizance of the police report. The writ petition was thereafter disposed of.
Issues considered
- Whether the trial court has taken cognizance of the charge sheet filed by the investigating officer
- Whether the petitioners can be arrested before cognizance is taken
Subjects
- cognizance
- arrest
- charge sheet
- criminal procedure
- writ petition
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6579 of 2025
Krishna And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjeev Kumar Pandey
Counsel for Respondent(s) : G.A., Mukul Kumar Mishra, Umakant
Chaudhary
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case called out in revised list.
2. Learned A.G.A. appearing for State-respondents informs that charge sheet has
already been filed in this case by the investigating officer, but he is not certain
whether cognizance has been taken by the court thereon or not.
3. Since charge sheet has already been submitted, but the correct position regarding
the cognizance thereon is not clear, keeping in view the fact there is interim order
operating in this writ petition, the same is disposed of directing that till the cognizance
is taken on the police report by the court concerned, the petitioner/petitioners shall not
be arrested.
4. The writ petition stands disposed of.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 6, 2026
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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